Absolutely not! The fact that workers have an express written agreement to be independent contractors or have explicitly requested to be independent contractors is not enough to make them independent contractors. Now, more than ever, employers need to evaluate their independent contractors and ensure that they are properly classified pursuant to the legal requirements. Federal and state governmental agencies have a renewed focus on independent contractor misclassification.

Continued Focus on Misclassification

Millions of individuals in the workforce in this country are classified as independent contractors, many of whom may be misclassified as such. Federal and state governmental agencies recently signaled their intent to continue their crackdown on independent contractor misclassifications....